After a five year battle to avoid extradition, financial adviser Marion Joan Pearson now faces charges in Perth alleging she misappropriated about AUD four million from clients; 136 charges of stealing property received by a person holding power of attorney.
In 2015, Australian Securities and Investments Commission permanently banned Pearson from Australia’s financial services industry.
Charges cover the period 2009 to 2013 and her operation of fourteen client accounts.
In New Zealand, the Court of Appeal was told she returned to New Zealand in 2013. She returned to Australia briefly one year later to answer questions from ASIC, before leaving permanently for New Zealand.
She has resolutely challenged attempts by Australia authorities to force her return, appealing a 2019 extradition order.
Ms Pearson says her health and financial circumstances mean it is better that pre-trial procedures be dealt with remotely, having her respond from New Zealand to pre-trial procedures in Australia.
Judges in both the High Court and Court of Appeal said this is impracticable. She may not co-operate. Or if she did co-operate, and Australia authorities then set a trial date arranging for witnesses to attend, she may at the last minute choose not to attend. This would require Australia authorities to re-start extradition procedures.
Ms Pearson was ordered to surrender for extradition, or face arrest and forced extradition. She has previously surrendered her passport. She has been on bail since 2019.
Her application for name suppression was dismissed; publication would not cause ‘extreme hardship.’
Name suppression criteria are no different for extradition cases, the Supreme Court ruled.
Pearson v. Commonwealth of Australia – Court of Appeal (16.09.24) & Supreme Court (13.05.25)
25.118